Boothbay Harbor selectmen received planning board recommendations for three changes to land use codes Feb. 24. Planning board vice chair Chris Swanson, board members and Code Enforcement Officer Geoff Smith explained the recommended changes involving mobile food vending, blasting and subdivisions.

“The idea is to restrict (mobile food vendors) to downtown business and general business districts … (and) private property – they'll be viewed as an additional use in the land use code,” Swanson said.

The CEO may grant temporary permits for occasional non-profit statewide or regional civic events to operate on public property, Swanson added. Language around blasting will establish rules on notifying neighbors and the public. Asked how the town will respond to blasting without a permit, Smith said the town would use the same system it always has for a violation of a land use code: Smith issues a notice of violation; selectmen will need to determine a fine amount before the proposed blasting ordinance goes into effect. “I don't have the option to write a ticket … We'd have to come to some kind of agreement as to what that (fine) might be. We can add that in later, what fines you want to have like per day …”

Changes to subdivision rules will clarify the meaning behind a 200-foot waterfront setback requirement which does not specify how that setback should be measured. Swanson read aloud the proposed language, “The dimension along the waterfront shall be a minimum of 200 feet plus 10 more feet per each unit/lot or the entire extent of the waterfront, whichever is less. Perpendicular measurements shall be no less than 100 feet.”

The board also provided language identifying port regulation definitions like “mooring” and “float.” Select board chair Mike Tomko said the need for definitions came about when discussions about water trampolines unfolded with no idea how they should be categorized.  Said Selectman Denise Griffin, “We had concerns about safety issues, particularly trampolines, but other kinds of recreational devices such as slides, swings, diving boards, whatever. I think some of us were hoping that we'd get specific wording to bring to the voters by this town meeting.”

Griffin suggested taking the next two weeks to investigate the town's options for governance over these types of issues. Selectman Wendy Wolf agreed the board has been waiting for guidance, but said it may be out of the board's purview to oversee water activities not likely be considered Wharves and Weirs. Smith said, “We don't have any jurisdiction on the water ... It's a land use table. We drafted (the language) because we'd be happy to draft it … but it would logically go to the Port Committee if not the harbormaster.”

Public comment on March 3 referendum

Wolf spoke as a resident about the March 3 question on repealing a a new law banning religious and philosophical exemptions from vaccinations. Wolf is a pediatric cardiologist and board certified pediatrician.

“I am frankly quite disappointed that there's a referendum election during a primary which for most independents in Maine, since we cannot vote in the primary, don't pay too much attention to the primary elections … I am trying to appeal to all voters in Boothbay Harbor to please come and vote because the referendum question is a very important one particularly to ensure the health of our children.”

Wolf encouraged all voters to become educated on the subject and the referendum. She said a “yes” vote will repeal the rule and a “no” vote will keep the rule as is with no exemptions. “I have seen signs around saying 'vote yes on one and reject big pharma.’ I am very disappointed and I think this is a marketing tactic, this has nothing to do with big pharma. This has everything to do with protecting children and vulnerable people from diseases that I have had the misfortune of seeing firsthand …”

Wolf said the vaccinations are safe and key to public health for children, the elderly and the vulnerable.

The Joint Economic Development Committee will meet for the first time as a new group at 4:30 p.m. March 5 in the upstairs meeting room at Boothbay Region YMCA. The second installment of taxes is due March 5, with interest beginning March 6. Nomination papers for town seats are still available at the town office and are due back by 4:30 p.m. March 2. Absentee ballots for the March 3 presidential election primary for both parties will be available to request until 4:30 p.m. Feb. 27. And the Broadband Committee will meet at 6:30 p.m. March 2 in the town office.